FORM 5A COMPLAINT FOR LANDLORD TO EVICT TENANTS FOR FAILURE TO PAY RENT AND TO RECOVER PAST DUE RENT INSTRUCTIONS Form 5 should be used if only eviction of the Tenant is sought. Form 5A should be used to evict the Tenant and recover damages (past due rent). FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED. American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, IN AND FOR COUNTY, FLORIDA [insert County in which rental pro perty is located] [insert name of Landlord] Plaintiff, CASE NO. [insert case number assigned by Clerk of the Court] vs. [insert name of Tenant] Defendant. / COMPLAINT FOR EVICTION AND DAMAGES Plaintiff, [insert name of Tenant] and alleges: [insert name of Landlord], sues Defendant, COUNT I Tenant Eviction 1. This is an action to evict the Tenant from real property in [insert county in whic h the property is located] County, Florida. 2. Plaintiff owns the following described real property in the County: [insert legal or street description of property including, if applicable, unit number]. 3. Defendant has possession of the real property under a (oral/written) agreement to pay rent of $ [insert rental amount] payable [insert terms of rental payments, i.e., weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit "A." make]. 4. Defendant failed to pay the rent due , 20 [insert date of payment Tenant has failed to 5. Plaintiff served Defendant with a notice on , 20 [insert date of notice], to pay the rent or deliver possession but Defendant refuses to do either. A copy of the notice is attached as Ex hibit "B." WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant. COUNT II Damages 6. This is an action for damages that do not exceed $15,000. 7. Plaintiff restates those allegations contained in paragraphs 1 through 5 above . American LegalNet, Inc. www.FormsWorkFlow.com 8. Defendant owes Plaintiff $ that is due with interest [insert past due rent amount] since , 20 [insert date of last rental payment Tenant failed to make]. WHEREFORE, Plaintiff demands judgment for damages against Defendant. Address, Unit Number Phone Number This form was completed with the assistance of: Name: Address: Telephone Number: Approved for use under rule 1 0 - 2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 American LegalNet, Inc. www.FormsWorkFlow.com